In my last article, “Breaking Down Barriers: Systemic Issues for Women in Law'', I dove into the topic of gender inequality in the legal field. The statistics show that women have made significant strides in advancing their position in the legal field. Today, over half of law school graduates are women and roughly 49% of law firm associates in Ontario are also women (Refo, 2019; Women in Law, 2021). Through long fought struggles, women have effectively evened the scales at the educative and associate levels. However, the playing field is not nearly as equal at the senior level where only 26.5% of law firm partners are women (Women in Law, 2021). The disproportion of men to women at the partner level compared to the associate makes evident that the work of the feminist movement is not yet finished for legal practitioners.
While the lack of women practising at the partner level may seem discouraging, remember that statistics are always subject to change. Especially when their change is fueled by sheer grit and determination. Such optimism for women in law is echoed by two highly accomplished female lawyers whom I had the honour of interviewing- Samantha Cain and Erin Durant.
Samantha Cain graduated from Laurentian University with a degree in political science and then went on to obtain her J.D. from Osgoode Law School. Cain has worked in both family law and insurance defence, the latter which she has been practising for the past seven years. She has been at her current firm, Carroll Heyd Chown LLP, for three years now and in January of 2021 became the firm’s first ever female partner. She says this profound accomplishment is the proudest moment in her legal career (rightfully so) and that she enjoys working alongside individuals who recognize her talents and grow with her.
As for Erin Durant, she studied history at the University of Ottawa and later graduated from Queen’s University Law School. She articled at one of Canada’s top law firm’s, Borden Ladner Gervais (BLG), and after a brief break in insurance law, rejoined BLG where she became a partner in 2020. In 2021, Durant decided to leave the corporate law lifestyle and opened up her own practice, Durant Barristers, which practises in insurance defence, commercial litigation, and ameteur sports litigation.
Both lawyers have held remarkable and highly decorated careers. As seasoned veterans in the legal field, I asked them if they have faced any barriers or discrimination being a woman in law. To this, both Cain and Durant held a similar air of optimism. Both said that they experienced day-to-day issues from older, white men who grew up in a different era. But that blatant sexism is never truly a concern. Durant commented that most people in private practice have spent their whole careers working with women and have had extensive training on eliminating sexism in the workplace. The issues both women outlined relate to more unconscious and systemic issues that disproportionately affect women. Cain specifically noted the anxieties she experienced when starting a family as she was forced to wonder whether she would have any client files left after she returned. This led Cain to take only an eight-month maternity leave from work; something that a man does not have to consider or fear in his decision to start a family. Both lawyers also cited the hindrance that starting a family places on career advancement as women may be overlooked for opportunities or partner positions when they take time off or are known to be taking time off.
These systemic issues effectively bar the legal field from reaching substantive equality between men and women. It is the coming generation of legal practitioners that will be tasked with breaking down these barriers. To the future generation of lawyers, paralegals, law clerks and beyond, Durant and Cain share some parting advice on how to navigate the legal field. First, as an aspiring lawyer your best resource is practical experience. Whether that be observing court, volunteering in pro bono clinics, or doing admin tasks in a law office, there is no better way to understand legal theory than by seeing it in action. Second, while in law school, both say to take your time and not succumb to the pressure of entering big-law if that is not where your heart lies. Lastly, be patient in finding the area of law and the firm that best suits you; it may take some time to find where you are most comfortable. No matter the struggles you face in what may seem like a daunting field, none are ever so great that you cannot overcome them.
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